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Ordinance 065-1996ORDINANCE NOO 6 5 -1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 051-1996 BY CHANGING THE WHALE HARBOR CHANNEL BOATING RESTRICTED AREA FROM BEING IN EFFECT ONLY SEASONALLY TO BEING IN EFFECT ALL YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners on September 19, 1996 passed Ordinance No. 051-1996 which established the Whale Harbor Channel boating restricted area; and WHEREAS, Ordinance No. 051-1996 made the restrictions seasonal; and WHEREAS, the Monroe County Marine and Port Advisory (QmMittee�d st.; f recommend, due to the amount of year round traffic, that the restrict ohs` -.be p�man&Rt ...�. .._. z "n full-time; now therefore,' 00 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONgRS MONROE COUNTY, FLORIDA, THAT: Ln77) Section 1 The Whale Harbor Channel boating restricted area Ordinance No. 051-1996 is hereby amended by changing the whereas' as follows: WHEREAS, in order to best balance the needs of the permanent residents and the commercial users with the concerns for health, safety, and welfare of the water going public dfing the most 4ite se1y used a , the Board finds that the area in the Exhibit A be restricted to Slow Speed/Minimum Wake, during the me aths of afra April, M T'`me, T: ly, August, nd September-, now therefore; Section 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. A copy of this ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Slow Speed Minimum Wake boating restricted area is approved by the necessary state and federal agencies. Section 5. The Clerk of the Board is hereby directed to forward a copy of this Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances. This ordinance changing the established boating restricted area for Whale Harbor Channel was PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18 th day of December , A.D., 1996. Mayor Doug 1 a s s Mayor Pro Tern London Commissioner Harvev Commissioner Freeman Commissioner Reich (SEAL) ATTEST: Danny L. Kolhage 11 ,_I.,! EFFECTIVE DATE yes yes YU-9--- yes ye s BOARD OF C COMMI SIONERS OF MONRO C TY A By Mayor/Chaff 2 EXHIBIT A Whale Harbor Channel Slow Speed Minimum Wake Zone BRANCH OFFICE 3117,OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 0 pOUNTy`'� e Oy y� C� ppv� 90FrcouwY•,� CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 January 8, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud i Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Ff. 32399-0250 Dear Mrs. Cloud:. BRANCH OFFICE 8%20 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Enclosed please find a certified copy of Monroe County Ordinance No. 065-1996, amending Ordinance No. 051-1996 by changing the Whale Harbor Channel Boating restricted Area from being in effect only seasonally to being in effect all year; providing for severability; proving for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on December 18, 1996. V; Mrs. Liz Cloud January 8, 1997 Page 2 Please rile for record. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex offlcio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen b"De'put:rClerkt Enclosure cc: County Attorney Growth Management Director Municipal Code Corp ration County Administrator,, w/o document File i DIVISIONS bF FLORIDA DEPARTMENT OF STATE Office ol'lhe Secrelary . Division of Administrative Services Division of Corporations Division of Cnhnr l Affairs Division of (Elections Division of Historical Resources Division of Uhrary and Inl'unnauion Services Division of Licensing MEMBER OF THE. FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS January 10, 1997 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board , Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated January 8, 1997, and certified copy of Monroe County Ordinance No. 96-65, which was filed in this office on January 10, 1997. Sincerely, t Liz Cloud, Chief Bureau of Administrative Code LC/mw 0 BUREAU OF ADMINISTRATIVE CODE The Elliot Building 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427 FAX: (904) 488-7868 WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us A Z 396 367 719 Receipt for Certified Mail No Insurance Coverage Provided ..TEDSEWES Do -not use for International Mail (See ReVc:s-P) co rn le N t 35 c E 0 a r�t�NICIPAL CODE CORPORATI Street and No Is your RETURN ADDRESS co n xl on the reverse side? CD W ,-, y ro � ■ gym w 0. r oz mS SILqLm ma t n n3 8 .0 =0•3M CWo m a CL v �n -� u' can r s �, (D m m � CI] N C7 W ? o 3 00 2 m w 0 0 0C: a ro m 1J m r f °� T Qo ° o m o LJ 8 F o T a m� 5; m N O v z m $ m nm ❑❑❑Fr 8 j pD• a m� ND n m w� Om 3 y m m N m CDZ we m n mom o°�;Q a Qa t o y 3 r� 0 0IQ f n 3 O 7 co 0 a m o nCD a m ❑ ❑ ❑ v ca ai 3 m y 0 o m <<' n w 5 v c CD m m a n m O cxCD mph rn Z 396 367 718 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail PNITED ST.TES OST>l SERVICE (See Reverse) M Sent to rn MRS. LIZ CLOUD t Street and No FL.DEPT. OF STA U m P o Sate any e FL. 32399-02 c TALLAHASSEE, O Postage Certified Fee �� C Special Delivery Fee a Restricted Deliver= Retur eceip - rw to ate DelivQ' Re c howito h D e T st e 1� & as 7 Post rk or (ORD. 065-1996) Is your REWRIN AMR= complIsted on the reverse, sift? v wH SM-1 h;881 Thank you for using Return Recall Service. Thank you for using Return Receipt Service DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretan Dic ision tit Administrant Services Dic ision of Corporations Dic ision of Cultural Affairs Division of Elections Division of Ilistorical Rcsourecs Division of Lihran and Intlmnation Sen'ices Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS January 10, 1997 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated January 8, 1997, and certified copy of Monroe County Ordinance No. 96-65, which was filed in this office on January 10, 1997. Sincerely, t-iz %-ioud, Chief Bureau of Administrative Code LC/mw 0 BUREAU OF ADMINISTRATIVE CODE The Elliot Building 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427 FAX: (904) 488-7868 • WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us o MUNICIPAL CODE CORPEkATI[N Nstnipe, services PD Do2235 Tdlahasne, Fl 3236-2235 0|/29'E� we have 'eei`eo the hl|ovioq mate, 7haok you for your assistance md~�myp^�boo Ordman.e'Mo. 065-11�4%. hey.�y Cle,k howne p8 kox \�N Ke} West/ iL 33V4o 1-8hO-262-CO� (�tmnal/ ^DZ ASK US A8hU l�b}NG �� l�E\\ `'~ not, m.5���m—� o�- C..-C . t 4t :AID ii �r. •��• �v c K I; ON/ I I ITIZEN Published I)aily Kev West, Monroe C:otln(V, Floiidii 33010 STATE OF FLORIDA COUNTY OF MONROE: Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen-, a daily newspaper published at Key West in (Monroe County, Florida; that the attached copy of the advert/i�sement, being a legal notice , /—�a�-�-c-Ge in the matter of in the court, was published in said newspaper in the issues of /Vc}c� `� 1' I a'q K Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement-, and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. (Siyr,alure of Affiant) Sworn Io and rd h0orc, nIe Ihi", 'Il+v cal I xl)uc...,-f-107--�U I'crr,,on;Illy Known (A I'roduc:c,rl Idc,nll11c;111orl lyln ()l Id(rntIIIctIt1OII I'I()IIu(.,!rl (Si nalure of Notary Public) (Wirrw of Nol;lry Ptih1ic ) " Teresa eayle Darling My COMMISSION # CC5W942 EXPIRES g September 17, 2000 „(\ BONDED THRU TROY FAIN INSURANCE, INC. NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN 'TO WHOM IT ,MAY CONCERN that on Wednesday, December 18, 1996, at 10:00 a.m. at the Marathon Govern- ment Center,..2798 Overseas High- . way, Maratfion, Monroe County, Florida intends to consider the adop- tion of the following County ordi- nance: AN ORDINANCE AMENDING ORDI- NANCE NO.051-1996 BY CHANG- ING -WHALE HARBOR CHANNEL BOATING RESTRICTED AREA, FROM BEING IN EFFECT ONLY SEASONALLY TO BEING IN EF- FECT ALL YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE; Pursuant to Section 286.0105, Flor_ ' ida Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to' any matter considered at such hearings or meetings, he will need a . record of the proceedings, and that, , for such purpose, he may need to en- sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence ° upon which the appeal is to - be based. Copies of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. I Dated at Key West, Florida, this 18th day of November, 1996. f DANNY L. KOLHAGE, Clerk of the Circuit Court and ex off icio Clerk of ! the Board of County Commissioners of Monroe County, Florida. November 24th & December 1st, 1996 Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 STATEMENT OF PROOF OF PUBLICATION LISPS #905580 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. IN THE MATTER OF NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of 11/21 and 11/28/96. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 28TH DAY OF NOVEMBER A.D. , 1996 NOTARY PUBLIC OFRCIAL NOTARY S AL CAROL E DOUVRES MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA COMMI9BION NO. 5 MY COMM 66ION EV E IW f NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM 1T MAY CONCERN ; that on Wednesday, December 18, 1996, at10:00.a.m. at the Marathon , Government Center, 2798 Overseas Highway, Marathon, Monroe Coun- ty, Florida, the Board of County Commissioners of Monroe County, Florida; intends to consider the adoption of the following County ordi- nance: ANORDINANCEAMENDINGORDINANCENO.051-1996BY . CHANGING THE WHALE HARBOR CHANNEL BOATING RE- STRICTED AREA FROM BEING IN EFFECT ONLY SEASONALLY TO BEING IN -EFFECT. ALL YEAR; PROVIDING FOR SEV ERABI ITY; PROV IDING FOR REPEAL 6F ALL ORDINANCES INCONSISTENT HEI;EWITH;PROVIDING FORINCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND, PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered,at such hearing or meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the a testimony.and.evidence-upon..which-the appeal -is to -be -based:— -- -Copies' of thivabove`-iefeienced ordinance are`available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 18th day of November, 1996. - DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of county Commissioners of Monroe County, Florida Published: 11/21 and 11/28/96 The Reporter . Tavernier, FL 33070 joA-10 Z t, CzuWrj \ y��l.i�},���N)j?iR.�NI�'�`Y�:iWf• I�fi l�j,��v I EN Published Daily Kev West, Monroe County, Florida 33040 Wl'hIM4! J S hZ,NV STATE OF FLORIDA COUNTY OF MONROE.- Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the matter of Nt c �� /I�( rtr / ikl i C-OJ Md Q 0-4 r AIP � T CC DEC 18 No osI — 155Is. in the 13 court, was published in said newspaper in the issues of Noi 2-`1 % Dtt r I796 Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. (Signatur(- of Affiant) Swum Is) �lnd :iUII)(r(l I'r.I()1(, 11)(' I1 1 1`, _ll 'lr ul (Signalure of Notm-y PtiNir.) (N.rm(, of NOl;Iry Ptjhhi I I'rrI ,r)n illy Known ✓ OI I'rOdu(:('d Id(�nllflc;111orl ""91..,2 Teresa Gayle Darling _.: MY COMMISSION N CC585942 EXPIREE' r a September 17, 2000 I y f 1 �) I I (� (' I l I f I C 1 l IO I I I' IO 0 I) t ,' ' (J BONDED THRU TROY FAIN INSURANCE, INC. NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY. ; - ORDINANCE NOTICE"IS HEREBY -'-GIVEN TO - WHOM" IT MAY' CONCERN that on Wednesday, December 18, 1996, at 10:00.a.m. at the Marathon Govern- ' ment Center, 2798 Overseas High- way, Marathon, --Monroe County, Florida intend6 to consider the adop- tion of the following County ordi- nance: AN ORDINANCE AMENDING ORDI- NANCE NO: 05111996 BY CHANG- ING WHALE HARBOR CHANNEL i BOATING RESTRICTED AREA FROM BEING IN EFFECT ONLY SEASONALLY TO BEING IN EF- FECT ALL YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO-' VIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND j PROVIDING AN EFFECTIVE DATE. p . Pursuant to Section ,286.0105, Flor- ida Statutes, notice is given'that if a ' person decided to appeal any, deci= E sion made by the Board with respect to any matter considered at such . hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to. en- sure that a verbatim _record of the. # proceedings is: made, • which record ., includes the testimony and evidence . c upon which the appeal is to be based. Copies of the above -referenced ordi- nance are available for review, at the various public libraries in Monroe Countyi Florida. Dated at Key West, Florida, this 18th s day of November, 1996. DANNY L. KOLHAGE; Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners `of Monroe County, Florida.._ November .24th &' December 1st, _ 1996 ___ I 'PROOF OF PUBLICATION T THE FLORIN 4 KEYS KEYNOTER _ Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Tom Schumaker M who on oath, says that he/she i Before the undersigned authority personally appeared _____,,,____who Y Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, M� in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being NOtice of INtention to Consider Adoption of County ORdi.nance RE: Amend Ord-51-1996 in the IN THE MATTER OF: Court was published in said newspaper in the issues of Nov. 23,, Dec. 7, 1996 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA. twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fur- ther says that he has neither paid nor promised any person, firm, or corpo- ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper. (SEAL) v Nt�rk�ri My Comm atp. 4/28100 So11ded By Sef iir3lns (Seal) 6ua.C�b11a7 a�yr at tcvn 11 CUtXL 06 SWORN TO AND SUBSCRIBED BEFORE ME THIS loth DAY OF December A.D. 19 96 no_ 3085100-. 'NOTICE OF INTENTION TO CONSIDER ADOPTION OF ' COUNTYORDINANCE —NOTICE. IS- HER�BY4GIVEN TO `WHOM IT MAY CONCERN that. Fori';:Wednesday, December 18,, 1 1996 at 10:00 AM at the Mara-. thon.Government Center, 2798 I •OVerse'as'-Highv�ay, `-Marathon, 'Monroe.,-iCounty;, Florida, the Board of County ,Commissioners, of .Monroe County, Florida, in- tends to consider the adoption of ..tile following County ordinance:: ORDINANC AMENDING, OROfNAryCE NO: 051-1996 BY CHANGING.THE WHALE.HAR "BOFt ;CHANNEL: BOATING RE S1'RICTED AREA,. FROM: BEING IN.„EFFECT ONLY. SEASONALLY TO.BtING IN EFFECT ALL YEAR:! ,'PROVIDING FOR<,SEVERABILI-i T� ' PROVIDING FOR THE RE-; 4 .PEALOFjALL ORDINANCES IN-! CONSISTENT HEREWITH; PRO VIDING. FOR. INCORPORATION I INTO- THE MONROE COUNTY CODE OF ;ORDINANCES; AND PROVIDING - AN EFFECTIVE -DATE. Pursuant to Section 286.0105,' Florida Statutes,, -notice is given: that ifa person 0 'cided;to appeal: any decfsfon.made"tiV th6 Board. with respect to any matter con- sf'dered-at such hearings or meet- irigs; he will need,a record of the' proceedings, and that Jor such.; purpose. he -may need to ensure that a verbatim' record of the pro-` ceedings is made, which record; includes the testimonyt and evi-.' I den.6,upon which the"appeal is. to be based. - .,Copies of the above -referenced! ordinanoe'',are;available foi review at the ,.yarious pu6Jfc lib�anes in•. j "Monir eCobrity Florida: Dated at Key West Florida this 18th"dayofWbJefii e`, 1996. I DANNYLKOLHAGE,' Cl� f erk of the Circuit Couit" and ex officio Clerk • of the Board of County Commissioners of Monroe County, Florida Putili'shsNov. 23. Dec. 7, 1996 - •' Florida Keys Keynoter - }